2017-08-14 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 14, 2017 AT 6:30 P.M., IN THE
PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Trent Perez.
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
' Economic Development Corporation; Trent Epperson Assistant City Manager; John
McDonald Director of Community Development; Jimontanae McBride City Planner;
Chris Orlea Director of Parks and Recreation; Cynthia Pearson Director of Finance;
Vance Riley Fire Chief; Robert Upton City Engineer; Sparkle Anderson
Communications Director; Jennifer Huhn Court Administrator; Skipper Jones Assistant
Director of Capital Projects; Daniel McGhinnis Chief Information Officer; Rick
Overgaard Assistant Director of Finance.
The invocation was given by Councilmember Moore and the Pledge of Allegiance was
led by Assistant Police Chief Ron Fraser.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers Carbone, Moore,
Ordeneaux, Little, and Owens.
CITIZENS COMMENTS:
Adrian Hernandez, 1431 Crystal Lake Circle E, addressed Council stating his concerns
regarding Conditional Use Permits to allow for Liquor/Package Stores in Pearland.
Jason Perry, 3903 Cedarwood Drive, addressed Council stating his concerns regarding
Liquor/Package Stores and Pearland losing sight of the vision of the City and brand.
Page 1 of 10 — 08/14/2017
CONSENT AGENDA: '
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of June 26, 2017, Regular Meeting held at 6:30 p.m.
2. Minutes of July 6, 2017, Special Meeting held at 11:30 a.m.
3. Minutes of July 10, 2017, Public Hearing Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Resolution No. R2017-162 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement through the Texas Association of School Boards
(TASB) Buy Board for the purchase of a shade structure for the Sports
Complex at Shadow Creek Ranch, in the amount of $158,598.00.
C. Consideration and Possible Action — Regarding the appointment of
Adrian Hernandez to Position No. 7 for an unexpired term expiring
November 1, 2018 to serve on the Parks, Recreation and Beautification
Board.
D. Consideration and Possible Action - Resolution No. R2017-154 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply contract for ditch cleaning services with Donmar Grading, Inc., '
in the estimated amount of $210,000.00, for the period of September 1,
2017 through August 31, 2018.
E. Consideration and Possible Action - Resolution No. R2017-150 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for Supervisory Control and Data Acquisition (SCADA)
services to Grey Matter Systems in the estimated amount of $163,000.00
for the period of August 18, 2017 through August 17, 2018.
F. Consideration and Possible Action - Resolution No. R2017-153 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
Arcadia U.S., Inc. to perform project management services, in the amount
of $55,546.40 associated with the construction inspection services for the
Orange Street Service Center, Phase 1a (Task Order No. 3).
G. Consideration and Possible Action - Resolution No. R2017-148 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid
to the Pearland Reporter News as the official newspaper of record for
publishing City legal notices, at the price of $3.00 per column inch, for the
period of August 14, 2017 to August 13, 2018.
Page 2 of 10 — 08/14/2017
' H. Consideration and Possible Action — Resolution No. R2017-161 — A
Resolution of the City Council of the City of Pearland, Texas, approving a
bond orderof Brazoria County Municipal Utility District No. 6 and authorizing
the issuance of Series 2018 Bonds in an amount not to exceed
$4,870,000.00.
Consideration and Possible Action — Excuse the Absence of
Councilmember Woody Owens from the Regular Council Meeting held on
July 24, 2017.
J. Consideration and Possible Action — Second and Final Reading
Ordinance No. 1541 — An Ordinance of the City Council of the City of
Peadand, Texas, approving Consent Conditions and consenting to the
creation of Brazoria County Municipal Utility District No. 69 (the "District")
within the City's corporate boundaries.
Mayor Pro -Tem Reed asked that Consent Agenda Item E be removed from the Consent
Agenda for further discussion.
Councilmember Carbone asked that Consent Agenda Item H be removed from the
Consent Agenda for further discussion.
' Councilmember Ordeneaux asked that Consent Agenda Item J be removed from the
Consent Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to
adopt Consent Agenda Items A through J with the exception of Items E, H and J as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, and Owens.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Reed Consent Agenda Item E was removed for further
discussion.
E. Consideration and Possible Action - Resolution No. R2017-150 - A
' Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for Supervisory Control and Data Acquisition (SCADA)
services to Grey Matter Systems in the estimated amount of $163,000.00
for the period of August 18, 2017 through August 17, 2018.
Page 3 of 10 — 08/14/2017
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-150.
Discussion ensued between Mayor Pro -Tem Reed, Assistant City Manager Trent
Epperson and Assistant Public Works Director Andrea Brinkley regarding the estimated
amounts from responding suppliers.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Little and Owens
Voting "No" Mayor Pro -Tem Reed.
Motion Passed 5 to 1, with Councilmember Perez absent.
As requested by Councilmember Carbone Consent Agenda Item H was removed for
further discussion.
H. Consideration and Possible Action — Resolution No. R2017-161 — A
Resolution of the City Council of the City of Pearland, Texas, approving a
bond order of Brazoria County Municipal Utility District No. 6 and authorizing
the issuance of Series 2018 Bonds in an amount not to exceed
$4,870,000.00. '
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-161.
Discussion ensued between Councilmember Carbone, Financial Advisor and Legal
Attorney for Brazoria County Municipal Utility District No. 6 regarding the proposed bond
issue, schedule and summary of costs.
Voting "Aye" Councilmembers Ordeneaux and Little.
Voting "No" Councilmembers Carbone, Moore, Reed, and Owens.
Motion Failed 4 to 2,with Councilmember Perez absent.
As requested by Councilmember Ordeneaux Consent Agenda Item J was removed for
further discussion.
J. Consideration and Possible Action — Second and Final Reading
Ordinance No. 1541 — An Ordinance of the City Council of the City of
Pearland, Texas, approving Consent Conditions and consenting to the
creation of Brazoria County Municipal Utility District No. 69 (the "District")
within the City's corporate boundaries.
Page 4 of 10 — 08/14/2017
' Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Ordinance No. 1541 on its Second and Final Reading.
Councilmember Ordeneaux stated he asked for this item to be pulled because he
voted against it in the past and will be voting against it tonight.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Little and Owens.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1, with Councilmember Perez absent.
NEW BUSINESS:
First and Only Reading of Ordinance No. 1542 — An Ordinance of the City Council of
the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas
Certificates of Obligation, Series 2017; prescribing the terms thereof; providing for the
payment thereof; awarding the sale thereof; making other provisions regarding such
Certificates and matters incident thereto; and declaring an emergency.
' Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 1542 on its First and Only Reading.
BOSC, Inc. Financial Advisor John Robuck provided an overview of the Certificates of
Obligation, Series 2017.
Discussion ensued between Councilmember Carbone and BOSC Inc. Financial Advisor
John Robuck regarding the Certificates of Obligation.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Owens, and Carbone.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
Council Action - Resolution No. R2017-157 - A Resolution of the City Council of the
City Of Pearland, Texas, awarding a construction services contract associated with the
Green Tee 1 to Riverstone Ranch Wastewater Diversion (Longwood Service Area Phase
1), to AR Turnkee Construction Co., in the amount of $1,263,352.00.
' Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-157.
Page 5 of 10 — 08/14/2017
Voting "Aye' Councilmembers Reed, Little, Ordeneaux, Owens, Carbone and Moore. I Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
Council Action - Resolution No. R2017-144 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to utilize the
previously approved Energy Procurement Advisory Agreement with Tradition Energy to
acquire natural gas supply pricing to serve city facilities; and authorizing the City Manager
to execute a Natural Gas Supply Agreement with a natural gas provider as determined to
be the best offer in the City's natural gas market pricing solicitation.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-144.
Voting "Aye" Councilmembers Ordeneaux, Little, Owens, Carbone, Moore and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
Council Action - Resolution No. R2017-163 - A Resolution of the City Council of the '
City of Pearland, Texas, approving the U.S. Department of Housing and Urban
Development Community Development Block Grant Program Fiscal Year 2018 Annual
Action Plan, as part of its FY 2018-2022 CDBG 5 -Year Consolidated Plan.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-163.
Councilmember Moore thanked Interim Management Assistant Joel Hardy for his work in
getting these grants to accomplish great things in the City.
Voting "Aye" Councilmembers Little, Owens, Carbone, Moore, Reed and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
Page 6 of 10 — 08/14/2017
' First Reading of Ordinance No. 2000M-162 — An Ordinance of the City Council of the
City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of
Pearland, Texas, for the purpose of changing the classification of certain property, being
lots 2, 3, and 4 of 18.6542 out of a 22.8622 acre tract of land out of a portion of Lots, 28,
33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29, Page 41, of the
Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B.R.R. Co. Survey,
Abstracts 232 and 542, Brazoria County, Texas. (Approximately 18 acres at the SWC
of Rice Drier Road and N Main Street (SH35) with an address of 1916 North Main
Street, Pearland, TX) Zone Change Application No. ZONE 17-00004, a request of
Method Architecture represented by Samuel Hero, applicant, on behalf of Presidio
Equities, LLC, owner, represented by Bobby Orr; for approval of a change in zoning from
Light Industrial (M-1) to a Planned Development (PD) zoning district; on approximately
18.6542 acres of land; providing for an amendment of the zoning district map; containing
a savings clause, a severability clause, and an effective date and other provisions related
to the subject.
Councilmember Owens made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 2000M-162 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council for approval of the Zone Change Application No. ZONE 17-00004.
City Planner Jimontanae McBride provided an overview of the requested zone change.
Discussion ensued between Councilmember Carbone and City Planner Jimontanae
McBride regarding the Joint Public Hearings and the Land Use Schedule.
Discussion ensued between Councilmember Carbone and President of Economic
Development Corporation Matt Buchanan regarding reaching out to Third Coast
Terminals to resolve any issues that would create points of conflict.
Voting "Aye" Councilmembers Owens, Carbone, Moore, Reed, Ordeneaux and Little.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
First Reading of Ordinance No. CUP 17-00003 — An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for
Liquor/Package Store in the General Commercial (GC) zoning district, Being a
6.4224 acre tract of land out of a 313 acre tract in the W.D.C. Hall Survey, Abstract 70,
' Brazoria County, Texas. (Located at 2530 E. Broadway Street, Pearland, TX.)
Conditional Use Permit Application No CUP 17-00003, within the General Commercial
(GC) zoning district, at the request of Hiren Desai, applicant, on behalf of Donya, LLC,
Page 7 of 10 — 08/14/2017
owner, represented by M. Jay Javadi, managing member, containing a savings clause, a '
severability clause, and an effective date and other provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Ordinance No. CUP 17-00003 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP 17-00003.
Layni Cade, 1901 Meadow Creek Drive, addressed Council stating her concerns
regarding the Liquor/Package Store and the location at 2530 E. Broadway Street in
Pearland.
City Planner Jimontanae McBride provided an overview of the requested Conditional Use
Permit to allow for a Liquor/Package Store.
Voting "Aye" Councilmembers Moore and Ordeneaux.
Voting "No" Councilmembers Carbone, Reed, Little and Owens.
Motion Failed 4 to 2, with Councilmember Perez absent.
First Reading of Ordinance No. CUP 17-00011 — An Ordinance of the City Council of '
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a
Dwelling — Four Family (Quadriplex) in the Old Townsite Mixed Use (OT -MU) zoning
district, Lots Twenty -Two (22), Twenty -Three (23) and Twenty -Four (24), in Block Thirty
(30), Pearland Townsite, according to the map or plat thereof recorded in Volume 29,
Page 41 of the Deed Records of Brazoria County, Texas, less and except all that certain
1,000 square feet out of Lots 23 and 24, Block 30, Pearland Townsite according to the
plat thereof files in Volume 29, Page 41 Brazoria County Plat Records, Pearland, Brazoria
County, Texas and being out of that certain tract as described in a deed dated 02-16-
2006 from Guadalupe Garcia, at ux to Maria M. Perez as filed in the Official Records of
Brazoria County a Clerk's File Number 2006010023. (Located at 2543 and 2545 S.
Texas Avenue, Pearland, TX.) Conditional Use Permit Application No CUP 17-00011,
within the Old Townsite Mixed Use (OT -MU) zoning district, at the request of William
Lacombe, applicant/owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Ordinance No. CUP 17-00011 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation 1
to forward to Council for approval of Conditional Use Permit Application No. CUP 17-
00011.
Page 8 of 10 — 08/14/2017
' City Planner Jimontanae McBride gave an overview of the requested Conditional Use
Permit to allow for a Four Family (Quadriplex) in the Old Townsite.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Owens and Carbone.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Perez absent.
Second and Final Reading Ordinance No. 1497-4 — An Ordinance of the City Council
of the City of Pearland, Texas, establishing school zone speed limits established for
vehicles under the provisions of the Texas Transportation Code (extending certain times
and limits), upon certain streets and highways, of parts thereof, within the corporate limits
of the City of Pearland, as set out in this ordinance; and providing a penalty.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1497-4 on its Second and Final Reading.
Voting "Aye" Councilmembers Reed, Little, Owens, Carbone and Moore.
Voting "No" None.
' Motion Passed 5 to 0, with Councilmember Ordeneaux abstaining and Councilmember
Perez absent.
Council Input and Discussion — regarding Presentation of Diversity Plan a contracted
study to define the cultural composition and perceptions of the community of Pearland.
Parks and Recreation Director Chris Orlea reported during early budget input a white
paper was presented to City Council to depict the evolving demographics of Pearland.
Dr. Carmen Carter, President of Diversity on Demand gave a presentation on the cultural
composition that makes Pearland the premiere Community that it has become known as.
Discussion ensued between Councilmember Owens and the President of Diversity on
Demand Dr. Carmen Carter regarding Pearland's rapid growth, diversity and the role of
government.
Discussion ensued between Councilmember Little and the President of Diversity on
Demand Dr. Carmen Carter regarding the diversity and culture in the City.
I
Councilmember Ordeneaux stated he has issues with only talking to 100 people in a City
with a population of over 100,000. He further stated he is proud of Pearland's diversity.
Diversity is different to everyone.
Page 9 of 10 — 08/14/2017
Mayor Pro -Tem Reed stated diversity came about two years ago when he got elected to '
council. He further stated he wanted the people to know when he got elected to Council
it was because he was the best g2ualified candidate and not because he was black. He
does not think there is a quota that needs to be met when it comes to who is on Council.
Councilmember Moore stated the City has done a lot of things regarding diversity. He
stated his concern regarding the cost of the study and receiving information Council
already knew.
Discussion ensued between Councilmember Moore and Parks and Recreation Director
Chris Dries regarding the decision factor comes from community input regarding
entertainment for the Concerts in the Park.
Councilmember Carbone stated he does not understand this study and is sorry he voted
for this study to be conducted. He further stated he was hoping for suggestions/programs
for the Parks Department instead of information Council already knew.
Director of Parks and Recreation Chris Orlea stated there were other items that went
beyond on what was presented tonight. He will look at how those items collate with Parks
and Recreation programs and bring it back for Council.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: '
City Manager Clay Pearson stated the school zone/speed limits Mayor Pro -Tem Reed
inquired about will be on the next scheduled Council meeting.
ADJOURNMENT
Meeting was adjourned at 8:48 p.m.
Minutes approved as submitted and/or corrected this the 231" day of October, A.D., 2017.
��
o eid
Mayor
r_\I1*tI
.,... .......
Y g Lorfi , TRMC
i Secr ,............
Page 10 of 10 — 08/14/2017